Reynolds v. Dept/Transportation, et al, No. 2:1985cv00665 - Document 8647 (M.D. Ala. 2010)

Court Description: OPINION AND ORDER directing as follows: (1) the plfs' 8578 objections are overruled; (2) the defs' 8565 objections are overruled; (3) the 8559 special master's recommendation is adopted; (4) the defs' 8457 motion for summa ry judgment is granted on claimant Elred Jones's individual-contempt claims regarding "training" and "instatement"; (5) the defs' 8457 motion for summary judgment is denied on claimant Jones's individual-contempt claim regarding "job-rotation"; (6) judgment is entered in favor of the defs and against the plfs as to claimant Jones's individual-contempt claim regarding "training" and "instatement"; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Myron H. Thompson on 4/29/10. (Attachments: # 1 civil appeals checklist)(djy, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JOHNNY REYNOLDS, et al., ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. ALABAMA DEPARTMENT OF TRANSPORTATION, et al., Defendants. CIVIL ACTION NO. 2:85cv665-MHT (WO) OPINION AND ORDER This long-standing litigation is now before the court on the special master s recommendation that the defendants motion for summary judgment on claimant Elred Jones s individual-contempt claims should be granted in part and denied in part. The special master recommends that the defendants motion should be granted on Jones s training and instatement claims and denied on his job rotation claim. The plaintiffs and defendants have filed the objections to recommendation. After an independent and de novo review of the record, the court concludes that the objections should be overruled and the recommendation adopted. Summary judgment is granted only as to Jones s training and instatement claims. It is best that the special master be allowed to have a hearing on Jones s job rotation claim. *** It is therefore the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiffs objections (Doc. No. 8578) are overruled. (2) The defendants objections (Doc. No. 8565) are overruled. (3) The special master s recommendation (Doc. No. 8559) is adopted. (4) The defendants motion for summary judgment (Doc. No. 8457) is granted on claimant Elred Jones s individual-contempt training and instatement. 2 claims regarding (5) The defendants motion for summary judgment (Doc. No. 8457) is denied on claimant Jones s individual-contempt claim regarding job- rotation. (6) Judgment is entered in favor of the defendants and against Jones s the plaintiffs individual-contempt as to claim claimant regarding training and instatement. It is further ORDERED that this matter is referred back to the special master for further appropriate proceedings. DONE, this the 29th day of April, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE